ITB-24-6186LS - EXHIBIT A Scope of Services.pdf

DOT-ITB-24-6186LS

State of Florida Department of Transportation

EXHIBIT “A”, SCOPE OF SERVICES

DOT-ITB-24-6186LS

TO FURNISH DISTRICTWIDE DUMPSTER(S), TRASH PICK UP

AND RECYCLE SERVICES FOR THE FLORIDA DEPARTMENT

OF TRANSPORTATION (FDOT).

PROJECT/PROPOSAL NUMBER: DOT-ITB-24-6186LS

FINANCIAL PROJECT NUMBER: 252058-1-A1-02

1.0 GENERAL INFORMATION

1.1 A performance or surety bond is not required for this project.

1.2 The DEPARTMENT shall provide a “Project Manager” for administering the terms of this CONTRACT/AGREEMENT.

1.3 Quantities are estimated. The contract amount is not the correct sum of the unit Bid Price multiplied by the planned quantity for each item shown on the Exhibit “C” Bid Sheet for this CONTRACT/ AGREEMENT. These amounts are for bidding purposes only.

2.0 PURPOSE

2.1 The Florida Department of Transportation, hereafter known as the DEPARTMENT requires sealed written bids from qualified Bidders to provide the services described in this Invitation to Bid.

2.2 The purpose of this CONTRACT/AGREEMENT is to retain a qualified firm or individual to furnish dumpster(s), trash pickup and recycling services for the Florida Department of Transportation (FDOT).

2.3 The Exhibit “A”, Scope of Service along with the CONTRACT/AGREEMENT describes and defines activities which may be required by the Florida Department of Transportation to furnish dumpster(s), trash pickup and recycling services for the Florida Department of Transportation (FDOT) on an as-needed basis in District Six.

2.4 Services under this CONTRACT/AGREEMENT shall include, but not be limited to furnishing trash dumpster(s) and recycle container(s), including the services required to empty and replace them with empty containers for all locations specified in this Exhibit “A”, Scope of Service.

2.5 All services described in the Scope-of-Services shall cover all existing and proposed services as added during the term of this CONTRACT/AGREEMENT, hereafter known as the CONTRACT/ AGREEMENT.

3.0 DEFINITIONS

3.1 Contract/Agreement

All documents, exhibits and attachments specifying services to be performed/provided by the CONTRACTOR, billing rates for these services and how the CONTRACTOR shall be compensated for these services, executed by both the CONTRACTOR and the DEPARTMENT

3.2 Contractor

The CONTRACTOR retained by the DEPARTMENT to perform the Contractual Services described in this CONTRACT/AGREEMENT.

3.3 Department

The Florida Department of Transportation (FDOT), District Six

3.4 Project Manager

The DEPARTMENT’S staff member(s), manager(s), contractor(s) or consultant(s) with overall responsibility and authority to oversee the contractual services being performed / provided by the CONTRACTOR for the Florida Department of Transportation (FDOT) as described in this CONTRACT/AGREEMENT.

3.5 Facility Representative

The designated staff in each DEPARTMENT location responsible for the monitoring of trash removal and recycling performance.

3.6 Notice to Proceed

A Letter of Execution issued by the Contractual Services Office authorizing the start of the CONTRACT/ AGREEMENT followed by a Notice to Proceed issued by the Project Manager or Designee. There shall be one (1) Notice to Proceed for the initial CONTRACT/ AGREEMENT. For any additional work that shall be added to this CONTRACT/AGREEMENT by Supplemental Agreement an additional Notice to Proceed shall be issued. Letters of Authorization/is required under this CONTRACT/ AGREEMENT, the CONTRACTOR shall not commence work until receipt of the Letter of Authorization (as defined below) from the DEPARTMENT or the Department’s Project Manager (and/or his/her designee).

3.7 Letter of Authorization (LOA)

A numbered LOA document issued by the Department’s Project Manager (and/or his/her designee) authorizing the CONTRACTOR to commence work on a specific task in accordance with the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT. Specific quantities/services, dates and fees are specified in the Letter of Authorization.

3.8 Department Observed Holidays

The following holidays are observed by the DEPARTMENT. If any of these holidays fall on a Saturday, the preceding Friday is observed. If any fall on a Sunday, the following Monday is observed.

New Year’s Day Martin Luther King Day Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day and the following day

Christmas Day

3.9 Business Hours

Typically 8:00 A.M. through 5:00 P.M., Monday through Friday in which the DEPARTMENT conducts routine business.

3.10 Non-Business Hours

Typically, holidays, weekends, and night time frames in which the DEPARTMENT is closed to conducting routine business.

3.11 Department Procedures

Standard day-to-day process which relates to the type of services being requested in this CONTRACT/AGREEMENT.

3.12 Premise(s)

All Florida Department of Transportation (FDOT) property identified by the Department’s Project Manager/ (or his/her designee) and any other property that may be added to or deemed part of this CONTRACT/AGREEMENT.

4.0 CONTRACTOR RESPONSIBILITIES

4.1 Coordination with the Department

4.1.1 All aspects of this CONTRACT/AGREEMENT and/or of each

authorization or task shall be coordinated through the Department’s Project Manager (and/or his/her designee). All authorizations and approvals shall be in writing and executed by the DEPARTMENT prior to the commencement of work.

The Project Manager is Ruel Umbay

Located at:

Florida Department of Transportation 1000 Northwest 111 Avenue Facility Services – Room 6107 Miami, Florida 33172

The following persons in addition to the Department’s Project Manager are authorized to issue Letter of Authorizations initiating services under this

CONTRACT/AGREEMENT:

Ahalia Ali - North Dade Maintenance Yard

Bernadette Sealey - South Dade Maintenance Yard

4.1.2 In the Department’s Project Manager’s temporary absence from the office, the DEPARTMENT shall authorize another individual to perform the Department’s Project Manager’s duties.

4.1.3 The DEPARTMENT may replace the Department’s Project Manager (and/or his/her designee) at any time during the term of this

CONTRACT/AGREEMENT.

4.1 Locations for Service to be Provided

District Office 1000 Northwest 111 Avenue, Miami, Florida 33172 ITS Building 1001 Northwest 111 Avenue, Miami, Florida 33172 North Dade Maintenance Operation 1773 Northeast 205 Street, Miami, Florida 33179 South Dade Maintenance Operations 14655 Southwest 122 Avenue, Miami, Florida 33186

4.2 Service to be Provided

4.3.1 The CONTRACTOR shall be responsible for the contractual services as described in this CONTRACT/AGREEMENT. These responsibilities shall be carried out through planning, assignment, coordination, inspections, quality control, field operations, reporting, and other forms of administrative management required optimizing services and support in compliance with terms specified in this

CONTRACT/AGREEMENT.

4.2.1 The CONTRACTOR certifies that the services that they shall provide under this CONTRACT/AGREEMENT shall include, but not be limited to any of the following which are applicable: those operations necessary for mobilization, the movement of personnel, equipment, supplies, expertise, incidentals, permits, notifications, and fees associated with such notifications, if any. These services will be required on an as-needed basis with no minimum amount of work guaranteed.

4.2.2 The CONTRACTOR shall furnish to the Florida Department of Transportation (FDOT) the services required at the rates that are depicted in the Exhibit “C” Bid Sheet attached hereto and made a part hereof.

4.2.3 If the procedural regulations referenced herein are revised or superseded before the services by the CONTRACTOR are rendered, compliance with the most up-to-date version and/or amendments/statutes will be required.

4.3 Services to be Included

4.4.1 Exhibit “C”, Bid Sheet describes the dumpster(s) and sizes required for each location, as well as the estimated pickup frequencies.

4.4.2 The CONTRACTOR shall provide all labor, equipment (particularly the dumpsters, bins, and hauling trucks), repair, supplies, supervision, administration, and travel necessary for performing the work specified in this Exhibit “A”, Scope of Services.

4.4.3 The CONTRACTOR shall provide or secure appropriate dump areas for dumping. All dumping costs shall be absorbed by the CONTRACTOR and shall be included in the unit price per location.

Documentation showing proper dumping (trash disposal) must be provided with invoice submittal, as described in 4.6.3.1 and 4.6.3.2 below:

4.4.3.1 Documentation must be provided (schedule of

submittal will be determine by the Department’s Project Manager) to show proper dumping of trash / garbage at a landfill or appropriate dumping site, and

4.4.3.2 Documentation must be provided (schedule of

submittal will be determine by the Department’s Project Manager) to show proper disposal of cardboard and paper at a recycling center.

4.4.4 Weight figures shall be indicated on the submitted documentation for trash, cardboard, and paper to indicate the quantity of material being disposed of.

4.4.5 The CONTRACTOR shall provide a Central Customer Support contact for the Department’s Project Manager (and/or his/her designee) to call and request for dumpster swap-out. Response time shall be within 24 hours of a call by the DEPARTMENT or the Department’s Project Manager (and/or his/her designee).

4.4.6 The intention of this contract is for continual scheduled trash / recycles removal from various locations of the Florida Department of Transportation. It is up to the CONTRACTOR to decide how the dumpsters will be replaced. For example, the utilization of “Roll-Off” trucks versus Front or Rear End Loaders is up to the CONTRACTOR’S discretion. When the dumpster is to be replaced (swapped), the empty dumpster must be brought to the location during the same service call visit.

4.4.7 The CONTRACTOR shall respond to a request for the delivery or pick-up of a container within twenty-four (24) hours after receiving the call from the DEPARTMENT or the Department’s Project Manager (and/or his/her designee).

4.4.8 The CONTRACTOR shall take precautions not to allow any trash to fall on the ground when picking up or hauling a dumpster(s). In the event trash falls on the ground when picking up or hauling a dumpster(s), the CONTRACTOR shall be responsible for removing the discarded trash.

4.4.9 The CONTRACTOR shall ensure that dumpsters are not located in primary visual or heavily traveled pedestrian traffic areas.

4.4.10 The CONTRACTOR shall ensure that dumpsters are not located within ten (10) feet of combustible building walls or openings nor be located below windows or under roof eaves/overhangs.

4.4.11 The CONTRACTOR shall ensure that dumpsters are located on a level, all weather surfaces such as gravel, pavement, or concrete. Location approved by the Department’s designated personnel.

4.4.12 The CONTRACTOR shall ensure that dumpsters are to be located such that pickup can be accomplished by truck with minimal manual movement.

4.4.13 The CONTRACTOR shall ensure that exterior waste containers must be easily accessible by pedestrians, as transportable as necessary to service while not being readily moveable, designed with campus aesthetic guidelines in mind and considerate of local surroundings.

4.5 Work Supervision and Supervisor Requirements

4.5.1 All contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT must be performed by or under the direction of a person qualified or licensed as specified in this CONTRACT/ AGREEMENT and any other local, state and federal laws, regulations and guidelines that apply to the type of services being performed.

4.5.2 Any work supervision or supervisor requirements shall be in accordance with the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT (if applicable).

4.5.3 The CONTRACTOR shall adhere to all other applicable local, state and federal laws, regulations, and guidelines pertaining to the type of services being provided in the contractual services being performed/provided by the CONTRACTOR as described in this

CONTRACT/AGREEMENT.

4.5.4 The CONTRACTOR’S Project Manager(s)/Supervisor(s) shall be responsible for notifying the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) of any and all emergencies and problems.

4.5.5 The CONTRACTOR'S work shall be performed and/or directed by the key personnel identified by the CONTRACTOR submitted to the DEPARTMENT at the Pre Work Conference.

4.5.6 The CONTRACTOR’S prospective Project Manager(s)/Supervisor(s) shall be available to meet with the Department’s Project Manager (and/or his/her designee) at a mutually convenient time for both parties during regular “business hours” to discuss work requirements prior to the CONTRACTOR assuming the responsibilities of this CONTRACT/AGREEMENT. This time spent shall not be billable to the

DEPARTMENT.

4.5.7 If during the term of this CONTRACT/AGREEMENT, new Project Manager/ Supervisor is to be employed by the CONTRACTOR to meet the provisions of the CONTRACTOR'S Project Manager/Supervisor the individual shall be available to meet with the Department’s Project Manager (and/or his/her designee) at a mutually convenient time for both parties during regular “business hours” to discuss work requirements prior to the CONTRACTOR’S new Project Manager/Supervisor assuming the responsibilities of this CONTRACT/AGREEMENT. This time spent shall not be billable to the

DEPARTMENT.

4.6 Sub-Contractor(s)/Sub-Consultant(s)

4.6.1 It may be necessary for the CONTRACTOR to subcontract portions of the work. All Sub-Contractor(s)/Sub-Consultant(s) whether it is an individual or a firm must be approved and qualified by the DEPARTMENT prior to the initiation of any work.

4.6.2 The CONTRACTOR shall be fully responsible for the satisfactory completion of all subcontracted work.

4.6.2 The CONTRACTOR shall provide the DEPARTMENT or the

Department’s Project Manager (and/or his/her designee) with copies of the names for all Sub-Contractor(s)/Sub-Consultant(s) or employees who shall be performing the work as required.

4.7 Communications

4.7.1 Pre-Work Conference

The CONTRACTOR shall be required to submit the following items to the DEPARTMENT at the pre-work conference:

4.7.1.1 Contact Information

The name of the CONTRACTOR’S Project Manager(s)/ Supervisor(s) assigned to this CONTRACT/AGREEMENT, along with their work telephone number(s), cellular phone(s) and/or beeper(s) number(s).

The DEPARTMENT shall be advised at all times as to the identification and means of contacting the CONTRACTOR’S Project Manager(s)/Supervisor(s) during the term of this CONTRACT/AGREEMENT.

Cellular and beeper number(s) for all personnel responsible for answering and responding to the needs of the DEPARTMENT in accordance with the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

4.7.2 Progress Meetings

The CONTRACTOR and their Project Manager(s)/Supervisor(s) shall on an as needed basis meet with the Department’s Project Manager (and/or his/her designee) for a formal progress meeting as determined by the Department’s Project Manager (and/or his/her designee). Meetings will be scheduled on dates agreed upon by the CONTRACTOR and the Department’s Project Manager (and/or his/her designee).The DEPARTMENT reserves the right to call for additional meetings at any time during the term of this

CONTRACT/AGREEMENT

4.7.3 Response Time

The CONTRACTOR'S Project Manager(s)/Supervisor(s) shall respond by telephone within twenty four (24) hours after receiving a call from the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee), and if required shall be present at the location in question within twenty-four (24) hours after being contacted by the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee).

The CONTRACTOR shall respond to all emergencies and provide immediate service.

4.7.4 Ability to Speak the English Language/Providing an Interpreter

It is preferred that all CONTRACTOR’S personnel be able to communicate effectively with the DEPARTMENT’S personnel in the English language. Such communications shall be both verbal and written.

If however, the CONTRACTOR’S personnel does not understand, or cannot converse, the English language it shall be the CONTRACTOR’S responsibility to provide an interpreter for on-the-spot conversations with any DEPARTMENT personnel if needed.

4.8 License and Insurance Qualifications

4.8.1 The prime bidder shall be required to submit proof of the following along with their sealed bid:

A notarized statement that the firm has been actively engaged in the required services for a minimum of two (2) years.

That the prime bidder (the firm, not the individual) is authorized and licensed to conduct business in the State of Florida in the type of contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

4.8.2 The CONTRACTOR must hold the licenses necessary to provide the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT in the county(ies) specified.

4.8.3 The CONTRACTOR shall provide the DEPARTMENT and/or the

Department’s Project Manager (and/or his/her designee) with copies of the required specialty licenses for all Sub-Contractor(s)/Sub- Consultant(s) or employees who shall be performing the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT and any other services that may be required.

4.8.4 The CONTRACTOR is responsible to make sure that skilled employees and/or Sub-Contractor(s)/ Sub-Consultant(s) who possess the necessary licenses, as required by law to perform the work, shall provide the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/ AGREEMENT and any other services that may be required.

4.8.5 The CONTRACTOR shall be required to provide the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) with the required types of insurance in the limits as stated in this

CONTRACT/AGREEMENT.

4.8.6 The CONTRACTOR shall carry and keep in force during the period of the CONTRACT/AGREEMENT and any subsequent renewals a current general liability insurance policy or policies with a company or companies authorized to do business in the State of Florida, affording public liability insurance with combined bodily injury limits of at least $200,000.00 (two hundred thousand dollars) per person and $300,000.00 (three hundred thousand dollars) each occurrence, and property damage insurance of at least $300,000.00 (three hundred thousand dollars) each occurrence, for the services to be rendered in accordance with this contract.

4.8.7 The CONTRACTOR shall provide the DEPARTMENT and/or the

Department’s Project Manager (and/or his/her designee) with a current Certificate of Workman’s Compensation Insurance during the period of the CONTRACT/AGREEMENT and any subsequent renewals. .

4.8.8 Other Specific Requirements

All records, insurance and licenses must be current and will be kept on file for the duration of this CONTRACT/AGREEMENT and will be provided within twenty four (24) hours upon request by the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee).

The CONTRACTOR shall be required to supply all working materials necessary for proper performance of this CONTRACT/AGREEMENT.

4.9 Security/Safety

4.9.1 The CONTRACTOR shall utilize proper safety measures to ensure the proper protection for persons and property at all times.

4.9.2 The CONTRACTOR is responsible for ensuring that all equipment used shall be maintained in a safe and efficient manner in accordance with all local, state and federal laws, regulations and guidelines pertaining to providing the required services.

4.9.3 Any equipment used to perform the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/ AGREEMENT and any other services that may be required must be maintained and utilized in conformance with all Occupational Safety and Health Administration (OSHA) safety standards and manufacturer’s directions. Safety equipment in accordance with Occupational Safety and Health Administration (OSHA) safety standards shall be furnished to and used by all the CONTRACTOR’S personnel. The presence of conforming safety equipment or devices shall not relieve the CONTRACTOR of responsibility or liability for injury to persons or damage to property caused by the operation of any equipment.

4.9.4 The CONTRACTOR is responsible for any injury to person(s) or damage to property(ies) that may occur in performing any of the contractual services being performed/provided by the CONTRACTOR under this CONTRACT/AGREEMENT.

4.9.5 The CONTRACTOR/Contractor’s Personnel must leave the work area so that no safety hazard is present. The DEPARTMENT assumes no liability for any equipment or personal belongings or effects left on DEPARTMENT property/site overnight.

4.9.6 The CONTRACTOR is solely responsible for the safety of all its’ personnel during their working hours that they are present in a DEPARTMENT location.

4.9.7 The CONTRACTOR shall be solely responsible for maintaining the safety required throughout the area(s) that the contractual services being performed/provided by the CONTRACTOR as described in this

CONTRACT/AGREEMENT.

4.9.8 The CONTRACTOR shall be solely responsible for providing safety equipment and procedures for the protection of employees throughout the area(s) that the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

4.9.9 The CONTRACTOR is responsible for the security of the

DEPARTMENT’S property if the CONTRACTOR is performing/providing the contractual services as described in this CONTRACT/AGREEMENT during non-business hours.

4.10 Location of the Contractor

The CONTRACTOR shall be stationed locally to work directly with the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) during the term of this CONTRACT/AGREEMENT.

4.11 Timely Completion of Service

The CONTRACTOR by acceptance of this CONTRACT/AGREEMENT hereby guarantees that they shall comply with all scheduled times and requirements as specified in this CONTRACT/AGREEMENT and any subsequent additions.

4.12 Delays in Completing Services

4.12.1 The CONTRACTOR shall not be under any obligation to any liability for failure to carry out any of the terms of this CONTRACT/AGREEMENT to the extent that such failure shall be due to:

The operation and effect of rules, regulations or orders promulgated by any commission, municipality, or governmental agency of any state or the United States or subdivision thereof.

A restraining order, injunction, or similar decree of any court.

Any extreme condition or natural disasters as listed below:

Hurricane Storm Flood Tornado Earthquake War Fire Sabotage

Or any other cause (not including labor problems of CONTRACTOR) not within the control of CONTRACTOR, and which, by the exercise of reasonable diligence, CONTRACTOR is unable to prevent.

4.12.2 In the event there is a delay of the scheduled services not caused by extreme conditions, the CONTRACTOR shall contact the Department’s Project Manager (and/or his/her designee) with arrangements to continue the service within twenty-four (24) hours.

Service shall be resumed and made at the appropriate office within twenty four (24) hours after notification of the Department’s Project Manager (and/or his/her designee).

4.12.3 In the event that the delay is due to some fault or negligence of the CONTRACTOR and delay is in the excess of within twenty-four (24) hours the CONTRACTOR shall bill the DEPARTMENT one-half of the normal cost for the said service.

4.13 Work Stoppage

4.13.1 If extreme weather or other conditions prevent the CONTRACTOR from the timely completion of a task, the CONTRACTOR shall inform the Department’s Project Manager (and/or his/her designee) prior to stopping work and obtain a new completion date within twenty-four

(24) hours of work stoppage. The new completion date must be approved in writing by the Department’s Project Manager (and/or his/her designee).

4.14 Method of Operation

4.14.1 If the procedural regulations referenced herein are revised or superseded before the services by the CONTRACTOR are rendered, compliance with the most up-to-date version and/or amendments/statutes will be required.

4.14.2 The following procedures shall apply:

The CONTRACTOR shall furnish all of the following required to conduct the appropriate work tasks as required:

All labor, services, materials, equipment, machinery, tools, apparatus, expertise, means of transportation, travel, supplies, incidentals, supervision, notifications and any other items required to perform the services as specified in this CONTRACT/AGREEMENT. This shall include giving all the required notices to all local, state, and federal agencies and the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee).

The CONTRACTOR shall be responsible for the safe and efficient service as requested by the Department of Transportation.

The CONTRACTOR shall be responsible to provide the labor and equipment required to complete the appropriate work tasks as applicable to the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

The CONTRACTOR shall be responsible for the proper disposal of all waste and materials in a safe and efficient manner in accordance with all local, state, and federal regulations.

The CONTRACTOR shall be responsible for the collection, consolidation and removal of all waste generated by the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

The CONTRACTOR shall adhere to all other applicable local, state, and federal laws, regulations, and guidelines pertaining to the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

All work shall be accomplished in accordance with Florida Department of Transportation (FDOT) procedures and all applicable local, state, and federal regulations and requirements for the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT. This includes, but is not limited to:

All applicable Florida Statutes and Florida Administrative Codes (F.A.C.) and any other appropriate agency guidelines or recommendations.

All applicable sections for the CFR (Code of Federal Regulations).

OSHA (Occupational Safety and Health Administration).

All Applicable sections of The Florida Department of Labor and Employment Security (FDLES) Standard Specifications for the contractual services being performed /provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

The CONTRACTOR shall have a fleet of equipment of a sufficient size to support this CONTRACT/AGREEMENT. Required equipment downtime for maintenance and/or repairs should not prevent the CONTRACTOR from satisfying all of the terms of this

CONTRACT/AGREEMENT.

The CONTRACTOR, Contractor’s Personnel, Sub- Contractor(s)/Sub-Consultant(s) shall abide by any safety rules, instructions, requirements or directives in an area of the DEPARTMENT, especially those areas where construction is being performed on DEPARTMENT property i.e., no employee shall pass through areas identified as work zones which have been cornered off.

14.15 Emergency Notifications

14.15.1 The CONTRACTOR or their employees or Sub-Contractor(s)/Sub- Consultant(s) shall immediately report any disorder or emergency to the Department’s Project Manager (and/or his/her designee) while providing services to the DEPARTMENT. The CONTRACTOR shall be responsible for any and all damages caused by its employees.

14.15.2 If the emergency involves the CONTRACTOR, Contractor’s Personnel or their Sub-Contractor(s)/Sub-Consultant(s) or their personnel the person involved shall not resume work except by written direction from the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee).

14.16 Damages and Department Notification

14.16.1 The CONTRACTOR’S Project Manager(s)/Supervisor(s) shall immediately report any disorder, breakage, or emergency to the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) which occurred while the contractual services were being performed/provided by the CONTRACTOR as described in this

CONTRACT/AGREEMENT.

14.16.2 CONTRACTOR shall be responsible for any and all damages caused by its employees.

14.16.3 In the event that it is proven that the CONTRACTOR was a fault for any missing, defaced or destroyed DEPARTMENT property due to neglect or non-observance of responsibility and/or procedure, the CONTRACTOR shall be held liable and accept the responsibility for the replacement/ repair of said DEPARTMENT property.

4.17 Relocations

No DEPARTMENT equipment (through this CONTRACT/AGREEMENT or by other means) may be moved or relocated by the CONTRACTOR, Contractor’s personnel or their Sub-Contractor(s)/ Sub-Consultant(s) or their personnel unless so authorized in writing by the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee). The CONTRACTOR shall notify the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) in writing, of the proposed site for relocation of any equipment. The

DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) shall have the unqualified right to approve or reject the proposed move or relocation. Further, the CONTRACTOR shall not place or relocate any such equipment in a location unless, and until written approval to do so has been received from the Department’s Project Manager (and/or his/her designee).

4.18 Contractor’s Personnel Requirement

The CONTRACTOR shall be required to provide the personnel to fulfill the requirements of this CONTACT/AGREEMENT.

4.18.1 Qualified Personnel

The CONTRACTOR shall be responsible for providing competent and committed personnel who are qualified, reliable and properly trained at appropriate levels of skill and utilization to perform the routine and additional contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/ AGREEMENT and accept the responsibilities and duties of this CONTRACT/ AGREEMENT for the period stated, beginning on the date noted in the Notice To Proceed, and shall conform to and abide by the specifications stated herein.

4.18.2 Monitoring of Personnel

The CONTRACTOR will continuously monitor personnel performance as part of its own management activity.

The CONTRACTOR shall ensure that any and all personnel shall restrict their access to the DEPARTMENT to the designated areas for services to be provided. The CONTRACTOR shall further guarantee that any and all personnel shall not roam about DEPARTMENT facilities or enter another area of the DEPARTMENT unless authorized by the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee).

The CONTRACTOR shall guarantee to the DEPARTMENT that its personnel shall not spend excessive time at any location socializing with Department of Transportation personnel.

4.18.4 Changes in Personnel

The CONTRACTOR shall provide the DEPARTMENT with a Project Manager for the life of the CONTRACT/AGREEMENT. Any changes to the CONTRACTOR’S Project Manager or any of the other indicated personnel in charge of the work shall be subject to review and approval by the DEPARTMENT in writing before performing any billable services.

The CONTRACTOR guarantees that any personnel with a suspended or revoked license, or who otherwise does not meet the qualifications of this CONTRACT/AGREEMENT shall immediately be removed and replaced by another qualified personnel.

4.18 Contractor’s Warranty

4.19.1 The CONTRACTOR warrants to the DEPARTMENT that all

services, work materials and supplies (if applicable) furnished under this CONTRACT/AGREEMENT shall be free from defects in material and/or workmanship upon delivery, and shall be performed in a competent, good workmanlike manner and in accordance with good trade practices and local, state and federal codes.

4.18.2 The CONTRACTOR guarantees that upon completion of the

services required by this CONTRACT/AGREEMENT the work areas shall be left in a clean, sanitary, and safe condition.

4.18.3 If any failure to meet the foregoing warrant appears the CONTRACTOR will, upon written notification, either correctly re-perform the service identified, replace the defective material supplied, or credit the DEPARTMENT for the services not performed. The Department’s Project Manager (and/or his/her designee) shall have the right to determine which course of correction should be taken. The risk of loss to any equipment being repaired or replaced shall be the responsibility of the CONTRACTOR having possession or control of the equipment at the time of the loss.

5.0 CONTRACT ADMINISTRATION

The CONTRACTOR shall be responsible to furnish dumpster(s), trash pickup and recycle services for the Florida Department of Transportation (FDOT) as described in this Exhibit “A”, Scope of Services. These responsibilities shall be carried out through planning, assignment, coordination, inspections, quality control, field operations, reporting, and other forms of administrative management required to optimize services and support in compliance with terms specified herein.

5.1 Term and Renewals

5.1.1 This is an INDEFINITE QUANTITY CONTRACT/AGREEMENT where the CONTRACTOR agrees to furnish services for the Florida Department of Transportation, District Six during a prescribed period of time. The specific period of time completes such a CONTRACT/AGREEMENT, unless services are terminated.

5.1.2 The term of this CONTRACT/AGREEMENT shall begin on the date the Notice to Proceed is given and shall continue for a period of thirty six

(36) months.

5.1.3 This CONTRACT/AGREEMENT may be renewed on a yearly basis for a period no longer than the term of the original

CONTRACT/AGREEMENT.

5.1.4 Renewal shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. If a renewal is desired, it must be agreed to and executed by the DEPARTMENT and the CONTRACTOR prior to the expiration of this

CONTRACT/AGREEMENT.

5.1.5 Renewals shall be subject to the same terms and conditions set forth herein or if renegotiation occurs of price and/or services, changes shall be documented and made part of this CONTRACT/AGREEMENT.

5.2 Reviews

Throughout the term of the CONTRACT/AGREEMENT, the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) may conduct reviews of the work performed by the CONTRACTOR to verify that the project control and management procedures are assuring project performance with reasonable conformity with DEPARTMENT policies, specifications, and CONTRACT/AGREEMENT provisions. The CONTRACTOR will assist the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) in these reviews.

5.3 Correction of Deficiencies

When deficiencies are indicated in a review, the CONTRACTOR will immediately implement remedial action to eliminate the deficiencies. Remedial actions may include further training of the CONTRACTOR’S personnel (in scope and/or frequency), subdivision of staff responsibilities, addition of staff, or replacement of personnel whose performance is considered inadequate.

5.4 Non-compliance

5.4.1 Failure to resolve these discrepancies within a reasonable time frame may result in CONTRACTOR placement in non-compliance status as described in the Non-Compliance sections of this CONTRACT/AGREEMENT and the Florida Department of Transportation Contractual Services Standard Agreement.

5.4.2 Failure by the CONTRACTOR to comply with safety requirements accordance with OSHA (Occupational Safety and Hazard Act [Administration]), those identified by the DEPARTMENT or the Department’s Project Manager (and/or his/her designee), those stated in this CONTRACT/AGREEMENT and those that may later be added, shall result in the immediate suspension of work, CONTRACTOR placement in non-compliance status and/or CONTRACT/AGREEMENT termination.

5.4.3 Failure by the CONTRACTOR to comply with the rules and regulations stated in this CONTRACT/AGREEMENT and those that may later be added shall result in the immediate suspension of work, CONTRACTOR placement in non-compliance status and/or CONTRACT/AGREEMENT termination.

5.4.4 If the DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) determines that the performance of the CONTRACTOR is not satisfactory, the DEPARTMENT may terminate this CONTRACT/AGREEMENT as described in Section 6, of the State of Florida Department of Transportation Contractual Services Standard Agreement. Any necessary default action will be processed in accordance with the Department of Management Services Rule 60A-1.006(3).

5.4.5 In either event, intervention or default, all payment to the CONTRACTOR shall stop during the time involved and the DEPARTMENT shall hold all payment due to the CONTRACTOR until cost to the DEPARTMENT is satisfied. The DEPARTMENT reserves the right to deduct such costs from any payment due to the CONTRACTOR.

5.4.6 If the CONTRACTOR fails to comply with the provisions of the section entitled CONTRACTOR Responsibilities in this CONTRACT/AGREEMENT and it is not immediately corrected, the DEPARTMENT shall construe that the CONTRACTOR is in non-compliance and shall result in the immediate suspension of work, CONTRACTOR placement in non-compliance status and/or CONTRACT/ AGREEMENT termination.

5.4.7 Any violation of the Rules and Regulations stated in this CONTRACT/AGREEMENT shall result in the immediate suspension of work, CONTRACTOR placement in non-compliance status and/or CONTRACT/AGREEMENT termination.

5.4.8 If at any time during the course of this CONTRACT/AGREEMENT the DEPARTMENT or the Department’s Project Manager (and/or his/her designee) brings to the attention of the CONTRACTOR a violation of any of the sections in this CONTRACT/AGREEMENT and the violation is not corrected within twenty four (24) hours the DEPARTMENT shall construe that the CONTRACTOR is in non-compliance and shall result in the immediate suspension of work, CONTRACTOR placement in non-compliance status and/or CONTRACT/AGREEMENT termination.

5.4.9 If the CONTRACTOR repeats any violation of this

CONTRACT/AGREEMENT more than three (3) times the DEPARTMENT shall construe that the CONTRACTOR is in non-compliance and shall result in the immediate suspension of work, CONTRACTOR placement in non-compliance status and/or CONTRACT/ AGREEMENT termination.

5.5 Project Records

The CONTRACTOR shall maintain complete and accurate project records, of all activities and any other events relating to the CONTRACT/AGREEMENT.

5.6 Additional Work

5.6.1 In the event that the DEPARTMENT or the Department’s Project Manager (and/or his/her designee) request additional work not covered under this CONTRACT/ AGREEMENT, a Supplemental Agreement signed by both the CONTRACTOR and the DEPARTMENT shall be executed and a Letter of Authorization issued prior to any additional work being undertaken.

5.6.2 The CONTRACTOR shall work closely with the DEPARTMENT or the Department’s Project Manager (and/or his/her designee) in developing services for any additional work. The original CONTRACT/AGREEMENT may be amended to include any additional services required within the intent of the original CONTRACT/ AGREEMENT.

5.6.3 Before making any additions or deletion to the work described in this CONTRACT/AGREEMENT, and before undertaking any changes or revisions to such work, the parties shall negotiate any necessary cost changes and shall enter into a Supplemental Agreement covering such work and compensation. Reference herein to this CONTRACT/AGREEMENT shall be considered to include any Supplemental Agreement(s).

5.6.4 The DEPARTMENT or the Department’s Project Manager (and/or his/her designee) may authorize any unforeseen work which is essential to the satisfactory completion of the completion within the intent of the original scope of work. No unforeseen work shall be performed by the CONTRACTOR without prior authorization.

5.6.5 Any excess exceeding the total CONTRACT/AGREEMENT amount shall require a Supplemental Agreement supplied by the DEPARTMENT and signed by both parties prior to the work being performed. Supplemental Agreements may extend the CONTRACT/AGREEMENT price beyond the original CONTRACT/AGREEMENT limit if approved by the DEPARTMENT or the Department’s Project Manager (and/or his/her designee). Execution of this Supplemental Agreement does not guarantee that the work will be authorized.

5.7 SUSPENSION OF WORK

5.7.1 The DEPARTMENT or the Department’s Project Manager (and/or his/her designee) may suspend the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT, wholly or in part, for such period or periods as may be deemed necessary due to natural causes, or construction in areas or for any other reason deemed necessary by the DEPARTMENT or the Department’s Project Manager (and/or his/her designee)

5.7.2 Work shall also be suspended at the discretion of the DEPARTMENT or the Department’s Project Manager (and/or his/her designee) at such time that the CONTRACTOR fails to comply with any or all provisions in this CONTRACT/AGREEMENT.

5.7.3 The CONTRACTOR shall not be entitled to extra compensation or adjustments to the CONTRACT/AGREEMENT unit prices because of suspension or deletion of work caused by the condition described in this section. Suspension of Work shall be ordered by the DEPARTMENT or the Department’s Project Manager (and/or his/her designee) in writing, giving the reason for the suspension. The monthly invoice payments shall be adjusted accordingly.

6.0 DEPARTMENT RESPONSIBILITIES

6.1 The DEPARTMENT shall provide a Project Manager (or his/her designee) to provide communication between the CONTRACTOR and the DEPARTMENT.

6.2 The DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) shall provide specifications for services to be provided (if applicable) prior to such time as a notice to commence is delivered to the CONTRACTOR.

6.3 The DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) shall provide the CONTRACTOR with available information relating to the facilities where the contractual services being performed/provided by the CONTRACTOR as described in this CONTRACT/AGREEMENT.

6.4 The DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) shall initiate a pre-start meeting to provide specifications for services to be provided and answer any questions the CONTRACTOR might have prior to such time as a Notice to Proceed is delivered to the CONTRACTOR.

6.5 The DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) shall provide coordination of all activities, correspondence, reports, and other communications related to the CONTRACTOR’S responsibilities hereunder.

6.6 The DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) shall administer this CONTRACT/AGREEMENT to assure the CONTRACTOR is complying with the work described in this

CONTRACT/AGREEMENT.

6.7 The DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) will be responsible for enforcing the terms of the

CONTRACT/AGREEMENT.

6.8 The DEPARTMENT and/or the Department’s Project Manager (and/or his/her designee) will provide the CONTRACTOR with written correspondence at random intervals indicating any deficiencies in performance (if applicable).

7.0 RULES AND REGULATIONS

7.1 Non-Smoking Policy

There shall be no smoking within the DEPARTMENT’S buildings.

7.2 Unauthorized Personnel

7.2.1 The CONTRACTOR shall ensure that their employees, Sub-

Contractor(s)/Sub-Consultant(s) do not allow any unauthorized personnel to enter the DEPARTMENT property or buildings i.e. personal visitors, family members, friends, persons not employed by the CONTRACTOR or other employees not identified to the DEPARTMENT.

7.2.2 The CONTRACTOR shall ensure that there shall be no unauthorized personnel in any DEPARTMENT location at any time due to CONTRACTOR’S employee leaving an entrance or exit open to allow unauthorized persons access.

7.3 Identification

7.3.1 No personnel will be allowed to enter any DEPARTMENT location without identification.

7.4 Inspections

7.4.1 The DEPARTMENT or the Department’s Project Manager (and/or his/her designee) may inspect, at any time, the condition/utilization of equipment, articles, supplies and chemicals that may be applicable to this

CONTRACT/AGREEMENT.

7.4.2 The DEPARTMENT or the Department’s Project Manager (and/or his/her designee) may determine if these equipment, articles, supplies and chemicals are fit for their intended use and may place any equipment, articles, supplies and chemicals out of service if they are damaged or otherwise not suitable for the task.

7.4.3 The DEPARTMENT or the Department’s Project Manager (and/or his/her designee) may make a performance inspection at any time.

7.4.4 Should these DEPARTMENT or the Department’s Project Manager (and/or his/her designee) inspections find any discrepancies, the CONTRACTOR shall have twenty-four (24) hours to resolve them. Failure to resolve these discrepancies within this time frame may result in CONTRACTOR placement in non-compliance status as described in the Non-Compliance sections of this CONTRACT/AGREEMENT and the Florida Department of Transportation Contractual Services Standard Agreement.

7.4.5 The DEPARTMENT or the Department’s Project Manager (and/or his/her designee) may perform periodic inspections on the CONTRACTOR’S safety throughout the work area. However, maintaining the safety and required throughout the work zone shall be the sole responsibility of the CONTRACTOR, and in no way relieve him/her of final responsibility for providing safety equipment and procedures for the protection of employees and the public throughout the work areas.

8.0 PROPERTY OF THE DEPARTMENT

8.1 All work performed by the CONTRACTOR pursuant to this

CONTRACT/AGREEMENT, including, but not limited to the preparation of all tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this CONTRACT/AGREEMENT, as well as all data collected, together with summaries and charts derived there from, shall be considered works made for hire and shall become the property of the DEPARTMENT upon completion or termination without restriction or limitation on their use and shall be made available, upon request, to the DEPARTMENT or the Department’s Project Manager (and/or his/her designee) at any time during the performance of such services and/or upon completion or termination of this CONTRACT/AGREEMENT. Upon delivery to the DEPARTMENT or the Department’s Project Manager (and/or his/her designee) of said document(s), the DEPARTMENT shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. The CONTRACTOR shall not copyright any material and products or patent any invention developed under this

CONTRACT/AGREEMENT.

9.0 METHOD OF COMPENSATION

9.1 The DEPARTMENT agrees to compensate the CONTRACTOR for the services as set forth in Exhibit “A”, Scope of Services and prices specified and submitted in Exhibit “C”, Bid Sheet for services performed under this CONTRACT/AGREEMENT as described in Exhibit “B”, Method of Compensation attached hereto and made part hereof.

10.0 BID/PROPOSAL SUBMITTAL

10.1 A CONTRACTOR’S Bid shall be in the form of prices for services required as described in the Exhibit “C” Bid Sheet.

10.2 The quantities shown in Exhibit “C” Bid Sheet are approximate and represent planned annual requirements based on historical or anticipated project needs.

10.3 The DEPARTMENT does not guarantee any maximum or minimum quantity, any range of quantities, or the exact quantities shown for each item to be proposed.

10.4 All unit price columns must be completed for each item by the Proposer.

10.5 If the CONTRACTOR does not charge for an item, he/she shall insert a zero (“0");

if any items are left blank, the Bid shall be considered as non-responsive.

11.0 AWARD OF THIS CONTRACT/AGREEMENT

11.1 The DEPARTMENT shall award this CONTRACT/AGREEMENT to the responsive, responsible bidder whose references check out and has not been debarred, suspended, or terminated from any other CONTRACT/AGREEMENT and who has the lowest total price.

11.2 The DEPARTMENT reserves the right to award this CONTRACT/AGREEMENT in whole or in part.

11.3 For the purpose of award, after the bids are opened and read, the bid will be awarded based on the “Grand Total”. This total will be based on those items with a quantity specified.

11.4 If the actual quantities during the CONTRACT/AGREEMENT period are less than or greater than what is identified, the unit rates shall remain unchanged.

11.5 In the event of any discrepancy in the “GRAND TOTAL” and unit price of an item, the unit price shall govern.

11.6 Though the Bid shall be based on the “GRAND TOTAL”, issuance of work shall be determined based upon Letter of Authorization from the DEPARTMENT or the Department’s Project Manager (and/or his/her designee)

11.7 Though the Bid shall be based on the “GRAND TOTAL”, the work shall be performed at the locations specified in the Letter of Authorization.

11.8 If any changes to locations occur during the term of this CONTRACT/AGREEMENT, the CONTRACTOR shall be notified in writing.

12.0 The CONTRACTOR shall agree to the following:

12.1 Upon execution of this CONTRACT/AGREEMENT the CONTRACTOR agrees to the following terms and conditions:

12.2 The CONTRACTOR agrees that they shall provide the services for the periods required under this CONTRACT/AGREEMENT.

12.3 The CONTRACTOR agrees that they shall provide payment to all personnel/Sub- Contractor(s)/Sub-Consultant(s) performing the services…